Omar Bennett
The Judicial Branch of the United States is established by Article III of the Constitution, which outlines the federal judiciary and its powers. Article III, Section I states that The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. This article reflects the Framers' intention to create a balanced government, avoiding tyranny, and ensuring a fair system of justice. It establishes the Supreme Court and permits Congress to create and organise lower federal courts, also known as inferior courts, as necessary. The Supreme Court, as the highest court in the land, plays a crucial role in interpreting the Constitution and ensuring that all branches of government recognise their limits.
| Characteristics | Values |
|---|---|
| Article of Constitution | III |
| Section | I |
| Text | "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." |
| Established | The federal judiciary |
| Established | The Supreme Court |
| Permitted | Congress to decide how to organize the Supreme Court |
| Established | Lower federal court system |
| Established | Position of Attorney General |
| Provided | Supreme Court with appellate jurisdiction |
| Provided | Supreme Court with power of judicial review |
| Provided | Congress with authority to create and organize federal courts below the Supreme Court |
| Provided | Congress with power to define and limit the jurisdiction of the federal courts |
| Provided | Congress with power to impeach and remove federal judges, including Supreme Court justices, for misconduct or abuse of power |
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What You'll Learn
Article III establishes the judicial branch
Article III of the US Constitution establishes the federal judiciary, or the judicial branch. This article reflects the intentions of the Framers of the Constitution, who sought to create a balanced government that would avoid tyranny and ensure a fair system of justice.
Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This section gives the Senate and House of Representatives the power to create lower courts, or "inferior courts," as necessary.
The Constitution only establishes the Supreme Court, and it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. It has the power of judicial review, which allows it to ensure that each branch of government recognizes the limits of its power. The Court does this by interpreting the meaning of laws and determining whether they violate the Constitution.
The Supreme Court also protects civil rights and liberties by striking down laws that are deemed unconstitutional. It sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. The decisions of the Supreme Court have a significant impact on society as a whole, influencing not just lawyers and judges but also the general public.
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The Supreme Court
Article III of the US Constitution establishes the federal judiciary and, with it, the Supreme Court. The article states:
> The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
The Constitution gives Congress the power to decide how to organise the Supreme Court and to create lower federal courts (known as "inferior courts") as necessary. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
Justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term of office. These restrictions aim to protect the independence of the judiciary from political interference.
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Congress's role in creating inferior courts
Article III, Section I of the US Constitution establishes the federal judiciary, vesting the judicial power of the United States in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This is known as the Vesting Clause, which places the judicial power in the Supreme Court and such inferior courts as Congress may establish.
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it and whether any federal courts besides the Supreme Court should exist. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The power to constitute tribunals inferior to the Supreme Court is Congress's ninth enumerated power. This power accords with the Vesting Clause, which places the judicial power in the Supreme Court and such inferior courts as Congress may establish. Through various acts, Congress has organized the federal judiciary into district courts with original jurisdiction over most federal cases, intermediate circuit courts of appeal, and the Supreme Court.
The Framers of the Constitution were divided regarding the necessity of courts inferior to the Supreme Court. Some argued that existing state courts should decide all cases in the first instance, with a right of appeal to the supreme national tribunal. However, James Madison proposed a compromise in which Congress would be empowered to appoint inferior tribunals if necessary, which the Convention approved. Madison argued that the Supreme Court's appellate workload would become oppressive without inferior federal tribunals.
Congress has the power to create, abolish, and reorganize inferior federal courts, as well as define their jurisdiction. For example, in 1801, Congress reorganized the districts and created six circuit courts consisting of three circuit judges each. In 1913, Congress exercised its power to abolish the Commerce Court, redistributing its judges and jurisdiction to the district and circuit courts.
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Judicial review
Article III of the US Constitution establishes the federal judiciary and, with it, the judicial branch of the US government. The judicial branch is composed of the Senate and the House of Representatives.
Article III, Section I states that:
> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Constitution only references the Supreme Court, but it gave the Senate and House of Representatives the power to create lower courts (known as "inferior courts") as necessary. The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system, establishing the structure and jurisdiction of the federal judiciary. This Act created a Supreme Court with six justices, as well as the lower federal court system.
The Supreme Court has the power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution, but it was established in 1803 in a case called Marbury v. Madison. Judicial review is one of the ways in which the judiciary provides checks and balances on the legislative and executive branches.
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Checks and balances
Article III of the US Constitution establishes the federal judiciary, outlining the Supreme Court and the judicial branch. This article reflects the intention of the Framers of the Constitution to create a balanced government, avoiding tyranny and ensuring a fair system of justice.
The Supreme Court plays a pivotal role in the constitutional system of government. Firstly, as the highest court in the land, it serves as the final arbiter for those seeking justice. Secondly, its power of judicial review ensures that each branch of government respects its own limitations. This power of judicial review is not explicitly mentioned in the Constitution but was established in 1803 in a ruling on Marbury v. Madison. The Court's ability to declare a Legislative or Executive act in violation of the Constitution is a crucial check and balance on the other branches of government.
The Supreme Court also protects civil rights and liberties by striking down laws that contravene the Constitution. It ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities, thus setting limits on democratic government. The Court's decisions have far-reaching consequences, impacting not just the legal profession but society at large.
The relationship between the judicial and legislative branches is governed by checks and balances. Congress has significant powers over the judiciary, including the authority to create and organise federal courts below the Supreme Court, as well as defining and limiting their jurisdiction. This includes the power to impeach and remove federal judges, including Supreme Court justices, for misconduct or abuse of power.
The executive branch, led by the President, is responsible for enforcing the decisions of the federal courts. This includes executing court rulings across federal agencies and departments. The President also appoints federal judges with the advice and consent of the Senate, demonstrating another check and balance between the executive and judicial branches.
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Frequently asked questions
Article III of the US Constitution establishes the judicial branch.
Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to ensure that each branch of government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
Congress has significant powers over the judiciary, including the authority to create and organise federal courts below the Supreme Court and to define and limit the jurisdiction of these federal courts. Congress can also impeach and remove federal judges, including Supreme Court justices, for misconduct or abuse of power.
